Invalidating your own signature back dating to save age
Similarly, if you can prove that you lacked mental capacity to understand the prenup when you signed it – for example, if you were ill or under the influence of drugs -- this may be a sound reason to invalidate it. The paperwork wasn’t properly filed in the first place. Even though divorce court judges are typically disinterested in most peculiarities of individual contracts, there can be factors that raise eyebrows.
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2. The agreement was coerced, signed under duress or signed without mental capacity.
Coersion or duress can be extremely difficult to prove, and, as with many aspects of divorce law, different states have different standards for what it means to have been coerced into an agreement.
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The opinions expressed are solely those of the author, who is not an attorney.
If you live in the New York City area, you may have seen the news last month that a Brooklyn court threw out the prenuptial agreement a Long Island woman had signed with her millionaire husband before their 1998 wedding.Both parties to a prenup should have separate and independent counsel (in fact, some states actually require that they do). For instance, if your prenup states no child support whatsoever will be paid in the event of a divorce, it is likely to be thrown out. Provisions in the prenup about weight gain, hair color, frequency of sexual relations, visits by in-laws -- remember, the judges have heard it all -- are likely not to hold up in court, either.If you signed something that your wealthy fiancé or his family arranged to be drawn up for you to agree to in order to marry him, be aware that this may not be an ironclad agreement if, years later, he wants out of the marriage. In summary, in order for a prenup to be effective, both parties must have their own separate attorney.Unfortunately, prenups are prone to this kind of underhandedness, as well.If you can prove your husband did not fully disclose his income or assets at the time you signed the prenup, you may have grounds to have the agreement thrown out, now that you’re getting a divorce.All articles/blog posts are for informational purposes only, and do not constitute legal advice.Tags: Adult Dating, affair dating, sex dating